LIVING SAFE: Children and bicycle helmets — it’s the law

Published 11:00 pm, Thursday, June 6, 2013

By Katherine Cabaniss

Summer is here in spirit, if not officially. Kids are finishing the school year and the annual heat wave has arrived. As the seasonal activities begin, a few reminders about summertime fun are in order.

Bicycle Safety

For children, bicycles are a ticket to freedom. On wheels, they explore their streets, neighborhoods, and parks. Summertime invites bike use more than any other season.

Does it surprise you to learn that children under the age of 18 are required to wear a helmet when riding their bikes?

In many cities, including Houston, local ordinances require helmet use by kids. Though the laws may vary slightly in their language, their common mandate is that children wear safety gear when riding a bike.

The reasons for this are clear. Safe Kids USA reports that nationwide, three of four children ride a bike. However, only about 55 percent of those kids report that they wear a helmet every time they ride.

Further, studies show the following:

• Riding without a bike helmet significantly increases the chance of head injuries if there is a crash;

• The use of a helmet reduces the rate of head injuries anywhere from 63 to 85 percent; and

• For children, 75 percent of the fatalities from bicycle related accidents could be prevented by the use of proper safety gear.

Research almost unanimously concludes that wearing a helmet is the number-one way to reduce childhood bicycle-related fatalities.

Often, parents will undervalue the importance of wearing a bike helmet. They may feel that a helmet is unnecessary if the child is riding on a their own street or around their own neighborhood. Perhaps the destination is very close, or there may be adults riding with the child.

The ordinance makes no such exceptions. Helmets are required when the child is riding on a public way, including sidewalks, bike trails, or neighborhood streets. Any journey, no matter how far or how fast, requires protection.

In Houston, fines of $50 or $100 are imposed for failure to wear a bike helmet. Recognizing that parents will often, if not always, be ultimately responsible for the fee, the ordinance clearly states that the intent of the rule is to “encourage the use of helmets” and recommends deferred dispositions rather than fines and fees. (See Houston Code of Ordinances, Chapter 45, Section 328.)

For a first offender, a bike helmet may be purchased and taken to court in defense of the ticket. A promise to the judge that the helmet will be worn in the future will give the child a pass — the first time.

And, though no state law currently requires adults over 18 to wear a helmet on a bicycle ride, the prudent riders do so. The stats simply speak for themselves, and the potential for injury is just too great.

Helmets will not prevent bike crashes, but they will certainly soften the blow. This summer, make safety a priority for summer activities — especially for children. It is not just the smart thing to do — it is the law.

Katherine Cabaniss is the Judge in the 248th District Court in Harris County. She was formerly a prosecutor and nonprofit executive. Contact her at cabanissk@yahoo.com.